Section 16(21) in The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981
(21)An employee including an employee to whom provisions of sub-rule (18) apply shall be entitled to the benefit of encashment of surrendered leave on the following conditions, namely :(i)Such surrendered leave shall not be availed of in conjunction with vacation.(ii)The employee who takes earned leave for a period not less than thirty days, shall be allowed to surrender the balance of the earned leave (or any portion thereof) to his credit or, the date of commencement of leave at his option subject to the maximum of thirty days and he shall be granted leave salary, Dearness allowance and Compensatory Local Allowance as admissible under the rules for the period of the leave surrendered.(iii)The authority competent to sanction earned leave shall be competent to accept surrender of earned leave. Application for surrender of earned leave shall be made along with the application for grant of leave.(iv)The number of days of earned leave surrendered shall be reckoned as surrendered on the date of commencement of actual leave taken and deducted from the leave account of the employee on that date.(v)The total of the earned leave actually availed of and the earned leave surrendered shall not exceed the maximum leave admissible to the employee at any one time.(vi)The leave salary and allowances admissible for the leave surrendered shall be at the rate of leave salary and allowances admissible at the commencement of earned leave. For this purpose, a month shall be reckoned as 30 days, irrespective of the month in which the leave is availed of.(vii)The amount of leave salary and allowances for the surrendered leave may be paid in advance but not earlier than six days before the commencement of leave. The authority competent to sanction leave shall insert a clause in the sanctioning order itself to the effect that in case the leave is required to be cancelled by the competent authority before the date from which the employee was to proceed on leave, the amount of leave salary and allowances for the surrendered leave shall be refunded forthwith by the employee in one instalment or adjusted in full in the first monthly pay or leave salary bill of the employee. No deductions on account of Provident Fund subscriptions, house rent re-payment of any advances and repayment of any dues to Co-operative Societies etc. shall be made from the leave salary for the period of surrendered leave.(viii)An employee who is permitted to surrender his leave shall not ordinarily be permitted to rejoin duty before the expiry of the thirty days leave sanctioned to him.(ix)In case of compulsory recall to duty, an employee shall be allowed to enjoy the balance of his earned leave before expiry of the period of six months from the date on which he proceeded on earned leave or before he again proceeds on earned leave with the benefit of surrender of earned leave, whichever is earlier. The authority competent to sanction leave shall grant leave to such employee during the aforesaid period if he applied for it. If the employee concerned by himself does not ask for being allowed to enjoy the same, the balance of the earned leave shall lapse and the said period shall be debited to his leave account as if he had enjoyed it.(x)In order to guard against omission to post a debit in the leave account in respect of the leave surrendered in case of such employees, the details of surrendered leave shall be noted in their service books and in their leave accounts when the leave salary is drawn. A certificate to the effect that the necessary entries have been made in the service book and in the leave account shall be furnished by the school in the bill in which the leave salary for the surrendered leave is drawn.(xi)The maximum earned leave that can be surrendered shall be limited to 30 days in a financial year, on the date of commencement of earned leave for a period of not less than 30 days.(xii)The benefit of surrender of earned leave shall not be allowed more than once in any financial year.(xiii)On return from leave, the employee shall serve the school for a period not less than the period of earned leave surrendered.
